He lied and I can prove it


#1

If I’m able to get the transcript from our first child support/custody court hearing can I use it in a court hearing for modification of child support? He lied in court and said his income was $900 a month and that he was 4 months behind on his house payment. He said the mortgage company was working with him. Later I got discovery from a new attorney of mine while opening up a new case and I have proof that he never was late on his house payment of $1800 a month. Is an old transcript admissible?


#2

I think it’s possible to put a transcript into evidence, but I think that with a court hearing, but you may have problems authenticating it if you receive it in recording form from the courthouse and have to take it to an outside vendor to transcribe it.

Other than proving he was lying, what does it matter if he was or wasn’t behind on his mortgage payment? If the child support calculation was made using the guidelines, this should really have no bearing.


#3

He is self employed. He can say whatever he wants as his income. Based on his taxes, his income was less than $960 per month. How can one pay an $1800 per month mortgage payment IF his income is less than $960 and not be behind on his house payment? I’m trying to get the judge to SEE he is lying about his income. He’s hiding money and him paying $50 per month on child support is a joke. So, my question to you is:
How can child support be modified if the father is self employed and has a friend do his taxes?


#4

To modify child support, you have to have a substantial change in circumstances which warrants a recalculation of the support obligation. I would file the motion and subpoena his bank records (personal and business), tax records including financial statements, as well as his utility and mortgage documents. If he is current with his bills, that would be a good place to start to show he makes at least $X per month.


#5

How do I subpeona this info? Is there a form I fill out and file at the courthouse? Or do I ask him to provide discovery in an email? He has been known to not supply information and we’ve had to compel discovery before…and he showed up with the fake taxes the same day as court.


#6

You can send him document requests and interrogatories or you can subpoena the records directly from the record holder. If he hasn’t been forthcoming in the past, subpoenas seem like the most effective method. There is a form subpoena. You can find it by searching the forms on the www.nccourts.org website. Since you are not an attorney, you will have to have it issued by the court. How you do this will vary based on the county in which you reside.